Patent decision

BL number
O/160/07
Concerning rights in
GB0309527.0, GB0309529.6, GB0309531.2, GB0409603.8 and GB050902.1
Hearing Officer
Mr D J Barford
Decision date
11 June 2007
Person(s) or Company(s) involved
Phillip Raymond Michael Denne v Electro Magnetic Rams Ltd
Provisions discussed
PA 1977 sections 8,12, 3
Keywords
Assignment, Contract, Entitlement, Inventorship, PCT application
Related Decisions
None

Summary

Mr Denne argued that an assignment he’d made in favour of Electro Magnetic Rams Ltd (EMR) concerning the rights in 0309527.0, 0309529.6 and 0309531.2 was invalid since EMR had not paid up as per the terms of the assignment. EMR argued that nothing was owed. Held that this was an issue of breach of agreement for which the remedy might be damages, but that the assignment was valid.

On entitlement, Electro Magnetic Rams Ltd, company number 4709683 (‘EMR number one’) - the company to which Mr Denne assigned 0309527.0, 0309529.6 and 0309531.2 - was renamed EM Digital Ltd; a new company Electro Magnetic Rams Ltd, company number 5374083 was set up (‘EMR number two’); and GB 0509026.1 - which covers the same invention as GB 0409603.8 and GB 0309531.2 - was filed by EMR number two. Held that the entitlement of EMR number two to the GB applications (and to PCT derivatives) had not been established.

That Mr Denne was the sole inventor was not disputed.

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Full decision O/160/07 PDF document52Kb